Social Security

Get a Free Case Evaluation

If you've been injured or otherwise believe that you are entitled to federal Social Security benefits, the right lawyer can make certain that you recover the maximum benefits you deserve under the law. As a service to our web page visitors, the Social Security specialists at d'Oliveira & Associates, P.C., have prepared an introduction and summary of Social Security laws, how you can qualify for benefits, and the steps that you need to take to apply for benefits.

What is Social Security Disability?

What is Supplemental Security Income (SSI)?

Do I qualify for Social Security Benefits?

How do I Apply for Social Security Benefits?

Where to Apply for Social Security Benefits?

Will Receiving Other Benefits Affect My Social Security?

What if I Go Back to Work?

Why do I Need a Social Security Attorney?

Please feel free to call us or set up an appointment at any of our fourteen locations if you have any questions regarding your Social Security claim. Our expert staff and attentive lawyers stand ready to provide you with the very best Social Security claim representation available. Tell the Social Security Administration that you mean business, let one of our attorneys get to work for you now!

What is Social Security Disability?

If you are disabled and cannot work, you may be able to receive disability payments from the federal government. Social Security Disability is an insurance program for workers who as a result of their disability can no longer work. An “insured” worker has worked about 5 years of the last 10 years and has worked a required number of quarters in a year. These benefits are part of the Social Security program, which was established by President Roosevelt during the Great Depression. The Social Security Administration runs two programs for Social Security disability.

The first program is called Social Security Disability Insurance (SSDI) or Social Security Disability Insurance Benefits (DIB). The second program is Supplemental Security Income (SSI). For both programs, the Social Security Administration defines “disability” as a physical or mental impairment, which keeps a person from doing substantial work and the impairment is expected to last more than a year or result in death. In determining if a person is disabled, the Social Security Administration looks at their age, education, work history and the transferability of their work skills (can they work at another job). The definition of disability is applicable to both programs. However, since many factors are evaluated, no two cases are the same. Each case is examined on an individual basis.

The Social Security Administration has listings to describe the severity of a disease or impairment for it to be considered disabling, for example heart failure, depression and arthritis are all on the list. You do not need to be totally disabled in order to qualify for benefits. Even if you do not meet the listing requirements, it is still possible for you to be considered disabled when looking at your other individual factors.

Free Case Evaluation

back to top

What is Supplemental Security Income (SSI)?

The Social Security Administration manages both the Supplemental Security Income (SSI) and Social Security Disability (SSD) programs. However, Supplemental Security Income, or SSI, is different from Social Security Disability. SSI is paid for through general tax revenues, while SSD is funded by Social Security taxes. Since Supplemental Security Income is funded through general tax revenue and not through Social Security tax, a person may be eligible to receive SSI even though they have not paid enough Social Security tax to get disability insurance. Individuals may be eligible for both Social Security Disability (SSD) and Supplemental Security Income (SSI).

Supplemental Security Income (SSI) is specifically intended for people who are blind, over 65 years of age, or disabled as determined by SSA standards. Also, children who are either blind or disabled may qualify for SSI. In addition to these requirements, the individual must also have a minimal amount of assets (income and resources).

A person earning too much money or having too high of a value in resources may not be eligible for SSI. If eligible, the SSI program grants individuals with a monthly income up to the maximum federal rate as set forth by the Social Security Administration. This rate may be raised by the State in which the individual resides or reduced because of the individual’s assets. For more information on eligibility requirements for Supplemental Security Income (SSI) see: http://www.ssa.gov/ssi/text-eligibility-ussi.htm.

back to top

Do I qualify for Social Security Benefits?

The first program you may qualify for is Social Security Disability Insurance Benefits (DIB). These benefits are for disabled workers who have worked more than five of the past ten years. These work requirements are waived for people who are disabled before the age of 22. In that instance, they can recover from their parents’ benefits without any adverse effect on their parents’ benefits. The five years of work experience gives people enough “credits” to qualify to receive benefits.

The amount that the worker will receive is based on their Social Security earnings when they worked. The worker’s dependent children may be able to receive benefits if the person has worked for a sufficient period of time. Disability payments can be retroactive for up to a year prior to your application provided you were disabled at that time.

Supplemental Security Income (SSI) is specifically intended for people who are blind or over the age of 65. SSI has strict financial requirements in terms of financial resources and income and is designed to supplement people’s income. A person may earn too much to qualify to receive SSI. Another difference is who can qualify. SSI is available for individuals who have not worked for a substantial period of time. SSI usually pays retroactive benefits up to the day you applied for benefits.

The best way to show you have a disability or impairment is with medical records and reports. Ask your doctor to prepare a report detailing your medical history, symptoms of your illness/disability, diagnosis and your prognosis. Be sure your doctor also discusses how this relates to your ability to work, such as your ability to sit, stand, lift and work for an extended period of time.

Apply for Social Security benefits as soon as you and your doctor believe your impairment or disability will last longer than one year. There is no reason for you to delay your application. Many people wait to file an application, which further prolongs the wait until you receive Social Security benefits. You may qualify for one or both benefit programs, if you qualify for benefits, apply as soon as possible.

Free Case Evaluation

back to top

How to Apply for Social Security Benefits?

1. You need to start by getting an application. You can apply online at http://www.ssa.gov/applyfordisability, call 1-800-772-1213 to apply over the phone or contact your local Social Security Administration office.

2. You should apply as soon as your doctor believes your disability or illness will prevent you from working for more than one year.

3. For your application, you will want medical records and reports to verify that you have a legitimate disability or impairment, which qualifies you to receive benefits. You will also need information about your education and work history for the application.

4. If your application is denied, you will receive a letter, which explains why you were denied and how to appeal the decision.

5. If denied, you have 60 days to appeal. The first stage is a hearing. At the hearing level your chances of success are more than double if an attorney represents you than if you are not represented.

6. However, if your reconsideration appeal is denied, you can appeal that decision. The next formal appeal will be in front of an Administrative Law Judge. The Social Security Administration employs the Administrative Law Judge.

7. At this formal appeal, an independent hearing is conducted. You can have an attorney and you can present witnesses if necessary. In most cases, the best chance of receiving benefits is by going before an Administrative Law Judge. Nearly half of the denials are reversed on appeal.

8. If again denied, you can still appeal to the Social Security National Appeals Council in Washington D.C.

If your application is approved, you will begin to receive benefits. Your benefits will be sent on a monthly basis. Your benefits each year will increase at the same rate as cost of living adjustments. However, benefits are not indefinite. Benefits can end if you reach the age of retirement or if your disability no longer impairs your working ability. Social Security Administration will check in periodically to ensure that your disability or impairment continues to prevent you from working. If there is a change in your medical condition, you are obligated to report this information to the Social Security Administration.

Free Case Evaluation

back to top

Where to Apply for Social Security Benefits? 

Below is a list containing the addresses and phone numbers for some of the local Social Security offices in Rhode Island and Massachusetts.

Rhode Island Social Security Offices

• 380 Westminster Street
  Providence, RI 02903
  1-877-402-0808

• 4 Pleasant Street
  Pawtucket, RI 02860
  1-866-931-7079

• 30 Quaker Lane
  Warwick, RI 02886
  1-866-964-2038

• 130 Bellevue Avenue
  Newport, RI 02840
  1-866-253-5607

• 2168 Diamond Hill Road
  Woonsocket, RI 02895
  1-877-229-3542

Massachusetts Social Security Offices

• 400 North Main Street
  Fall River, MA 02720
  1-508-674-2453

• 53 North 6th Street
  New Bedford, MA 02740
  1-866-964-7413

• 104 Dean Street
  Taunton, MA 02780
  1-508-823-5117

• 106 Pleasant Street
  Attleboro, MA 02703
  1-508-226-2710

• 30 Christy’s Drive
  Brockton, MA 02301
  1-508-427-5386

If the Social Security offices listed above are not conveniently located near you, you may locate the Social Security office closest to you.

back to top

Will Receiving Other Benefits Affect My Social Security?

Other benefits may affect the amount of Social Security benefits you can recover. Workers’ compensation benefits will not affect your eligibility for benefits; you should apply even if you receive workers’ compensation. However, based on the amount of workers’ compensation you receive, it can mean you will get less Social Security benefits or none at all.

If you qualify for Social Security Disability Insurance Benefits (DIB), you should qualify for Medicare after two years. If you qualify for Supplemental Security Income (SSI), you should qualify for Medicaid. The sum of all disability payments to you and your family is not supposed to exceed 80% of your averaged earning before you became disabled.

Fill Out A Contact Form

back to top

What if I Go Back to Work?

Going back to work will not automatically end your Social Security benefits. There is a program called work incentive. It allows people to keep receiving their full benefits, while testing out their ability to work. During the trial period, you will receive your benefits regardless of the amount you earn while working, so long as you still are impaired or disabled.

After the trial period ends then the benefits will cease if your earnings are substantial. For an average person, $940 is considered to be substantial. If you are blind, $1,570 is considered to be substantial. For the next three years after the trial period, you will get benefits again if your earnings fall below the substantial level and you still have a disability or impairment.

Fill Out A Contact Form

back to top

Why Do I Need a Social Security Attorney?

You need a Social Security attorney because the process can be confusing and time consuming. It usually takes anywhere from 3 to 5 months to get a decision on your disability claim. In addition, 75% of first time disability applications are denied. Your chances on appeal are much greater if you have an attorney who can help you. Under Social Security Administration guidelines, you have a right to be represented when doing business with the Social Security Administration.

In fact, if you retain a lawyer prior to filing a claim with the Social Security Administration, you double your chances of success at the first level, and you can save yourself a lot of time. If you plan on, or are currently doing business with the Social Security Administration, call us now, we can help you get your claim processed quickly, efficiently, and successfully.

Contact the Law Offices of d'Oliveria & Associates, P.C.

If you are planning on making a Social Security claim, you need a law firm that can handle these cases. If we feel that our firm is not the most qualified to handle your particular case we will be happy to use our experience and know-how to help you find a lawyer that can provide you with the legal representation and dedication that you deserve. Remember, we never charge you any fees or expenses, unless your case is successful.

Please contact the law offices of d'Oliveira & Associates at 1-800-992-6878 or fill out a contact form for a free legal consultation.

back to top